When a DUI involves a crash that damages another vehicle or any other property, Florida raises it from a standard misdemeanor to a first-degree misdemeanor under section 316.193(3). It is a step up from an ordinary first DUI because of the damage element, but it is not a felony. The line into felony territory is serious bodily injury, which is covered separately. Here is what a property-damage DUI carries and where it can still be negotiated.
| Penalty | What the law provides |
|---|---|
| Charge level | First-degree misdemeanor under section 316.193(3), Florida Statutes |
| Fine | $500 to $1,000 on a first conviction, plus court costs and costs of prosecution |
| Jail | Up to 1 year |
| Probation | Up to 12 months, often with early termination after conditions are met |
| License revocation | Minimum 180 days to 1 year, hardship eligibility after the required period |
| Vehicle impoundment | 10 days |
| DUI school | Level I, plus an alcohol evaluation and any recommended treatment |
| Community service | 50 hours, with a buyout of part of the hours where allowed |
DUI that causes or contributes to property damage or non-serious personal injury is a first-degree misdemeanor under section 316.193(3)(c)1, with sentencing under sections 775.082(4)(a) and 775.083(1)(d), Florida Statutes. Program terms last verified June 2026.
Still a misdemeanor, but a notch up
The property-damage enhancement applies when the impaired driving causes or contributes to damage to the person or property of another, or to non-serious personal injury. It remains a first-degree misdemeanor, punishable by up to a year, with the fine and conditions above. What changes from a plain first DUI is that prosecutors tend to hold a firmer line because there is a damaged party, and the causal link between the driving and the damage becomes part of the case.
Where the case can still move
A property-damage DUI can often still resolve as reckless driving, especially without a high reading, a minor in the vehicle, or any injury. The defense also tests the causation element, whether the state can tie the impaired driving to the damage, which matters most in multi-vehicle crashes or where another cause is in play. A typical negotiated disposition is probation with early termination once DUI school, the evaluation, community service, and the other conditions are complete.
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Property damage DUI questions
Is DUI with property damage a felony?
No. DUI that causes or contributes to property damage, or to non-serious personal injury, is a first-degree misdemeanor in Florida, not a felony. It is more serious than a standard first DUI because of the damage element, but it stays in misdemeanor territory. DUI with serious bodily injury is the point where the charge becomes a felony.
What is the penalty for a DUI with property damage?
On a first conviction it carries a fine of $500 to $1,000, up to a year in jail, up to 12 months of probation, a license revocation of at least 180 days, a 10-day vehicle impoundment, Level I DUI school, and 50 hours of community service. A typical negotiated outcome is probation with early termination once the conditions are completed.
Does the property have to belong to someone else?
The enhancement is about damage to the person or property of another. Damage only to your own vehicle does not trigger the property-damage charge, though it can still factor into how the case is viewed. The state must show the impaired driving caused or contributed to the damage.
Can a DUI with property damage be reduced?
It can, depending on the facts and your record. The damage element makes some prosecutors less flexible, but a reduction to reckless driving remains possible, especially without a high reading, a minor in the car, or any injury. Whether a diversion program applies depends on the county and the State Attorney.
What counts as causing the damage?
The state has to connect the impaired driving to the damage, that the driver caused or contributed to it. That causal link is something the defense can test, particularly in multi-vehicle situations or where the damage may have come from another cause.
Related: the full penalty chart, a first DUI, diversion and reduction to reckless, and a 0.15 or higher reading.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Florida DUI penalties are set by section 316.193, Florida Statutes, and related statutes including sections 322.28, 322.271, and 316.656. Diversion and charge-reduction programs are run at the sole discretion of each State Attorney and can change at any time. Every case turns on its own facts, and past results do not guarantee a similar outcome.
